A self-censored chronicle of family court dramas, lived by parents who lost all or some visitation with or custody of a child or children based on perjury and/or other false courtroom evidence
Tuesday
How to Sue a Family Court Judge
A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics
How to Sue a JudgeBy David C. Grossack
Monday
Examining Judicial Accountability and Immunity in the Family Courts ~~ Florida"s 11th Judicial Circuit
Exposing Family Court Judges' Unaccountability and Consequent Riskless Wrongdoing
The first case to recognize a non-custodial parent’s cause
of action based on the tort of intentional infliction of emotional distress was
Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial
parent brought suit for damages alleging that:
“defendant willfully, maliciously, intentionally, and
outrageously inflicted extreme mental suffering and acute mental distress on
the plaintiff, by willfully, maliciously, and outrageously rendering it
impossible for any personal contact or other communication to take place
between the (plaintiff and child).” ~Id.
at 433.
The first case to recognize a non-custodial parent’s cause
of action based on the tort of intentional infliction of emotional distress was
Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial
parent brought suit for damages alleging that:
“defendant willfully, maliciously, intentionally, and
outrageously inflicted extreme mental suffering and acute mental distress on
the plaintiff, by willfully, maliciously, and outrageously rendering it
impossible for any personal contact or other communication to take place
between the (plaintiff and child).” ~Id.
at 433.
Sunday
Florida legislators have been asked to look into reforms to help husbands who claim they have been victims of false domestic violence injunctions.
By Phil Attinger
BARTOW — Florida legislators have been asked to look into reforms to help husbands who claim they have been victims of false domestic violence injunctions.
In what one citizen referred to as a pendulum shift in the justice system, men who claim to have had their lives destroyed by false accusations of domestic violence or child abuse are hoping locally-elected legislators can help solve the problem.
On Thursday, locally-elected Florida state representatives and senators who represent all or part of Polk County got to hear about the problem.
William Dunn of Lakeland, part of the Florida chapter of Fathers Supporting Fathers, said he ran into a problem in 2006: The Department of Children and Families believed accusations that he had abused his daughter and took her away from him for 11 months.
In June 2007, DCF held a hearing to revoke Dunn’s parental rights, but the girl changed her story on the first day on the hearing, saying she hadn’t been abused.
She was returned to Dunn, but since then, he said his life has been a shambles and both he and his daughter have suffered medically from the stress.
He said DCF has not wanted to help him clear his name despite now knowing that the accusations were false.
Although legislators did not want to debate what should be done to solve the problem, they heard quite a bit from other petitioners.
James Petruska of Hernando Country said he lost his daughter, his $300,000 home, and his $150,000 business as a result of a false domestic violation injunction made by his ex-wife. Although it has since been found to be false, he said he has been unable to regain what he lost, especially his daughter.
He has approached Senator Ronda Storms (R-Valrico) with the issue. Her district — District 10 — covers Hernando County and part of Polk County.Erik Romerhaus, with the SAVE (Stop Abuse of Violent Environments) Coalition in Washington, D.C., told the delegation that when the Violence Against Women Act passed in 1994, it was to protect women and men who were victims of domestic violence. Each state interprets it differently.
“Now the pendulum has swung a bit too far,” he said.
Tom Lemons of Spring Hill, who runs falsedvireports.com, said 80 percent of those injunctions are thrown out and used as a tactic in child custody cases.
He also alleged that the attorneys are the ones pushing the tactic, because it gives such a strong advantage.
If a woman makes a false claim of domestic violence, it can speed up the divorce process, Romerhaus said, so there is incentive to use it as a legal tactic, but it can drive the children out of the target parent’s life permanently.
In many cases, Romerhaus said, there is no due process for that accusation. Even if someone is innocent of the accusation, “you can kiss your kids goodbye.”
“I don’t blame the local judges as much as the federal law,” Clemons said. “Prosecutors are not filing cases on clear false allegations.”
When asked if she would be in favor of refining the statutes to provide some relief, Storms, a member of the Florida Bar, said that if someone is innocent, he deserves to have his name cleared and be with his children.
She would also like Romerhaus and others to work with domestic violence victims’ advocates to find out where they can agree on legal language that would help move the process forward.
Senator JD Alexander (R-Lake Wales) expressed empathy for the men who spoke, and encouraged them to continue to seek a solution within the legal system.
Source
Saturday
Introducing The Foundation for the Child Victims of the Family Courts Radio Show
Friday
Family Court Judge Manno-Schurr Unjustly Denies Contact to Un-Wed Bio-Dad.
Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?
Reblogged on WordPress.com Source: Is the…
CIVIL RIGHTS IN FAMILY LAW FLORIDAAbout False accusation
CIVIL RIGHTS IN FAMILY LAW FLORIDAAbout False accusation
·
False accusations (or groundless accusations or unfounded accusations or false allegations or false claims) can be in any of the following contexts:
- Informally in everyday life.
- Quasi-judicially
- Judicially.
Types
When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories:
- An allegation that is completely false in that the events that were alleged did not occur;
- An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.
- An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.
A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally, due to a confabulation, either arising spontaneously due to mental illness or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques. Researchers Poole and Lindsay suggested in 1997 applying separate labels to the two concepts, proposing the term "false allegations" be used specifically when the accuser is aware they are lying, and "false suspicions" for the wider range of false accusations in which suggestive questioning may have been involved.
Rape
Main article: False accusation of rape
The statistics on false accusations of rape vary widely, from 2% to Eugene Kanin's (1994) figure of 41%, which derived from a case study of a police agency in a metropolitan city in the Midwest. John Bancroft states that a search of the literature on false rape reports reveals that Kanin's figure of 41% false rape reports is regarded as unusually high. FBI statistics for the annual rate of false reporting of forcible assault across the country have been a consistent 8%. A study from the UK found that of the approximately 14,500 cases of rape reported in 2005/2006 9% were classified as false allegations.
Child abuse
Main article: False accusations of child sexual abuse
A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the victim, or by another person on the alleged victim's behalf. Studies of child abuse allegations suggest that the overall rate of false accusation is under 10%, as approximated based on multiple studies. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles.
Workplace bullying
Main article: Workplace bullying
Research by the Workplace Bullying Institute, suggests that "falsely accused someone of 'errors' not actually made" is the most common of all bullying tactics experienced, in 71 percent of cases.
Workplace mobbing
Main article: Workplace mobbing
Workplace mobbing can be considered as a "virus" or a "cancer" that spreads throughout the workplace viagossip, rumour and unfounded accusations.
Münchausen syndrome by proxy
Main article: Münchausen syndrome by proxy
The case has been made that diagnoses of Münchausen syndrome by proxy, that is harming someone else to get attention for yourself, are often false or highly questionable.
Stalking
In 1999, Pathe, Mullen and Purcell wrote that popular interest in stalking was promoting false claims. In 2004, Sheridan and Blaauw said that they estimated that 11.5% of claims in a sample of 357 reported claims of stalking were false.
Narcissistic rage
Main article: Narcissistic rage
Rage by a narcissist is directed towards the person that they feel has slighted them. This rage impairs their cognition, therefore impairing their judgment. During the rage, they are prone to shouting, fact distortion and making groundless accusations.
Psychological projection
Main article: Psychological projection
Psychological projection can be established as a means of obtaining or justifying certain actions that would normally be found atrocious or heinous. This often means projecting false accusations, information, etc., onto an individual for the sole purpose of maintaining a self-created illusion.
See also
References
- ^ Ney, T (1995). True and False Allegations of Child Sexual Abuse: Assessment and Case Management. Psychology Press. pp. 23–33. ISBN 0-87630-758-6.
- ^ Mikkelsen EJ, Gutheil TG, Emens M (October 1992). "False sexual-abuse allegations by children and adolescents: contextual factors and clinical subtypes". Am J Psychother 46 (4): 556–70. PMID 1443285.
- ^ Maggie Bruck; Ceci, Stephen J (1995). Jeopardy in the Courtroom. Amer Psychological Assn. ISBN 1-55798-282-1.
- ^ Irving B. Weiner; Donald K. Freedheim (2003). Handbook of Psychology. John Wiley and Sons. pp. 438. ISBN 0-471-17669-9.
- ^ Sexual development in childhood By John Bancroft
- ^ Cybulska B (July 2007). "Sexual assault: key issues". J R Soc Med 100 (7): 321–4.doi:10.1258/jrsm.100.7.321. PMC 1905867. PMID 17606752.
- ^ Hobbs, CJ; Hanks HGI; Wynne JM (1999). Child Abuse and Neglect: A Clinician's Handbook. Elsevier Health Sciences. pp. 197. ISBN 0-443-05896-2.
- ^ Schetky, DH; Green AH (1988). Child Sexual Abuse: A Handbook for Health Care and Legal Professionals. Psychology Press. pp. 105. ISBN 0-87630-495-1.
- ^ Bolen, RM (2001). Child Sexual Abuse: Its Scope and Our Failure. Springer. pp. 109. ISBN 0-306-46576-0.
- ^ Robin, M (1991). Assessing Child Maltreatment Reports: The Problem of False Allegations. Haworth Press. pp. 21–24. ISBN 0-86656-931-6.
- ^ Top 25 workplace bullying tactics - Workplace Bullying Institute
- ^ Shallcross, L, Ramsay, S, & Barker M, (2008)
- ^ Dr Helen Hayward-Brown False and Highly Questionable Allegations of Münchausen syndrome by proxy - presented to the 7th Australasian Child Abuse and Neglect Conference in Perth 1999
- ^ M Pathe, PE Mullen, R Purcell; Stalking: false claims of victimisation; British Journal of Psychiatry 174: 170-172 (1999)[1]
- ^ L. P. Sheridan, E. Blaauw; Characteristics of False Stalking Reports; Criminal Justice and Behavior, Vol. 31, No. 1, 55-72 (2004) doi:10.1177/0093854803259235 [2]
- ^ Thomas D Narcissism: Behind the Mask (2010)
- ^ R. Appignanesi ed., Introducing Melanie Klein (Cambridge 2006) p. 115 and p. 126
Further reading
- Epstein H Attorneys' Remedies against False Accusations of Unethical Practices;
- Greene N False Accusations: Guilty Until Proven Innocent (2011)
- Jacobson A False Accusations (2001)
- Morse E True crimes and false accusations (1998)
- Ṭullāb Ā Slave trade in Sudan: allegation and false accusations (1999)
- Vachss AH False Allegations (1997)
Have you been falsely accused or wrongly prosecuted for domestic violence? False allegations and wrongful prosecutions harm the innocent, squander resources, and shortchange true victims.1. Connect: Facebook
Thursday
Lacking of Honesty Integrity Morals Kindness in America?
We forgot how to stand up for ourselves and our fellow Americans....PERIOD!!
AMERICA THE GREATEST COUNTRY IN THE WORLD
The Most Honest Three Minutes In Television History :)) Video taken by TV series: "The news room" Video: https://youtu.be/esSp-ox61Z0Follow Snapchat: Aziz_ea Instagram: @aziz_ea
Posted by Aziz Elali on Thursday, November 6, 2014
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